Natalie Ager, wife of AFL player Todd Elton, is facing substantial legal costs after a court dismissed her claim for damages related to a 2019 car accident, citing contradictory and unreliable evidence.
In May 2024, Supreme Court of Victoria Judge Julie Clayton found that Ager, a registered nurse, had not adequately proven that the accident caused the severe lumbar spine injury she claimed had ended her nursing career. As a result, Ager was ordered to pay the legal costs of the Transport Accident Commission (TAC).
The TAC is now seeking to have the final figure for these costs determined, which could amount to tens of thousands of dollars, or potentially more, in addition to Ager's own legal expenses. The Supreme Court is expected to address the costs matter in August.
Ager had alleged that she was struck from behind while stopped at traffic lights on July 30, 2019. She reported immediate back pain that night but did not seek medical attention until nearly a month later. Her GP visit at that time did not mention the car accident, which only appeared in her medical records weeks afterward.
Court documents revealed a history of back problems predating the 2019 incident, including a more severe high-speed head-on collision in December 2013 that resulted in hospitalization. Medical records showed Ager had been experiencing back pain since 2010, with further complaints in 2015 and 2018, including chronic lower back stiffness in the months before the 2019 crash.
Judge Clayton found that the 2013 accident was likely the cause of Ager's most significant complaints, including chronic pain and inability to perform bedside nursing duties. Ager had initially intended to sue over the 2013 accident but withdrew the claim prior to a hearing.
The court also questioned Ager's claims regarding her inability to snowboard or ski, noting she had limited experience and a pre-existing fear of falling. Surveillance footage presented by the TAC also showed Ager driving without apparent difficulty.
While the judge conceded that some consequences, such as intermittent leg pain, pins and needles, and sleep disturbances, could be attributed to the 2019 accident, she ruled that these did not meet the threshold for a 'very considerable' injury required to sue the TAC for damages in Victoria. Ager's claims of anxiety related to driving were also deemed more likely linked to the earlier 2013 collision.
Natalie Ager and Todd Elton, who became engaged in 2023 and married last year, announced in early 2024 that they were expecting their first child in June.